13TH SSC TET E B.ED MUST TAR INTERM ORDER (1st time in details) ************************ heading “For Orders”. Affidavit, if any, be exchanged in the meantime. So far as the subject matter of challenge is concerned, according to the petitioners, the provisions of Sub‐Section (2) of Section 23 of the Right of Children to Free and Compulsory Education Act 2009 permits the respondent no. 5 to relax by issuing Notification the minimum qualification required for appointment of a teacher on the grounds mentioned therein, for such period not exceeding 5 years, as may be specified in the Notification. According to Mr. Bikash Ranjan Bhattacharya, learned Senior Advocate appearing for the petitioner, relaxation was granted to the State of West Bengal by the respondent no. 5 by issuing Notification No. SO 1352 (E), dated June 1, 2011 (Published in Official Gazette of India, Extra Ordinary), dated June 10, 2011 (hereinafter referred to as the said Notification) upto March 31, 2014 in exercise of powers conferred to the respondent no. 5 under the provisions of SubSection (2) of Section 23 of the said Act, 2009. It is further submitted by Mr. Bhattacharya that by virtue of the Public Notice dated January 29, 2014, an attempt was made to allow the untrained candidates to participate in the Teachers Eligibility Test on the basis of the above Public Notice. According to Ms. Asha G. Gutgutia, learned counsel appearing on behalf of the NCTE., no relaxation was granted to the State of West Bengal to allow the candidates to participate in the selection process on the basis of the above Notification without fulfillment of requirement of qualifications prescribed in the guidelines prescribed by the NCTE for participating in the Teachers Eligibility Test beyond March 31, 2014. It is further submitted by Ms. Gutgutia that considering the provisions of Sub‐Section (2) of Section 23, there is no scope of granting further relaxation to any State after expiry of 5 years from the date of promulgation of the said Act 2009. Ms. Gutgutia draws the attention of this Court towards the judgment delivered in the matter of All B.Ed. Degree Holders Welfare Association vs. State of West Bengal & Ors. reported in 2014 (1) CLJ (Cal) 108 in support of her above submissions. Let it be recorded that no material is produced before this Court on behalf of the respondent School Service Commission to show that the relaxation with regard to possessing training qualification was granted to enable the untrained candidates to participate in the selection process for appointment of Assistant Teachers in Non‐Government Aided Educational Institutions beyond the period of March 31, 2014. It is not in dispute that by virtue of the said Notification, relaxation was granted allowing the untrained teachers to participate in the selection process till March 31, 2014. No material is produced before this Court even after granting the adjournments of hearing in this case to show that the respondent no. 5 has extended the period of relaxation in the above matter beyond March 31, 2014. I am of the prima facie view that the provisions of SubSection (2) of Section 23 does not empower any School Service Commission to extend the period of relaxation in respect of the untrained candidates. The respondent no. 5 is the authority to consider the prayer of relaxation strictly in accordance with the above provisions of Sub‐Section (2) of Section 23 of the said Act, 2009. In view of the above facts and circumstances, this Court is of prima facie opinion that the respondent School Service Commission is not entitled to allow any candidate who is not fulfilling the minimum teacher’s qualification norms notified by NCTE as published in the Gazette of India No. 2015, dated August 25, 2010 after expiry of March 31, 2014. Therefore, the interim order which has already been passed in this writ application is modified to the effect that the respondent School Service commission is restrained from allowing any candidate to participate in the Teachers Eligibility Test on the basis of the Public Notice dated January 29, 2014 granting relaxation in respect of the minimum teacher’s qualification norms notified by the NCTE as published in the Gazette of India No. 2015 dated August 25, 2010 till disposal of this writ application. Liberty is granted to the respondents to file applications for vacating, variation and/or modification of the above interim order. Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis. ( Debasish Kar Gupta, J. )
Posted on: Sun, 14 Sep 2014 09:02:10 +0000
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